Native American Spirituality: FREEDOM DENIED

THE KNOT

In Greek mythology, the king of Phrygia had the pole of his wagon fastened to the yoke with a knot that defied efforts to untie it. An oracle stated that he who untied this Gordian knot would rule Asia. According to legend, many tried to unravel the knot to no avail until Alexander The Great simply pulled his sword and cut the knot, going on to fulfill the prophecy.

American Indians and Native American Spirituality are caught in a Gordian knot that began before America's colonization, tightened with the founding of this country and exists to this day.

Bound within it like interlocking links of chain are the issues of sovereignty, tribal recognition, blood quantum and, at its heart, the free exercise of religion.  If this knot is not unraveled, the chains unbound, American Indians and those who follow traditional teachings will never be able to freely exercise their religion. The future is one of increasing restrictions, deepening divisions and, ultimately, the death of Native America.

Those who practice Native American spiritual beliefs are guaranteed free expression of their religion under the U.S. Constitution, under First Amendment rights, but this does not mean there aren't considerable barriers placed in their way to make those rights in many ways almost meaningless.

THE ROAD TO RIGHTS

Freedom of expression is undeniably guaranteed both as a First Amendment issue and under specific federal statutes, regulations and executive orders. Many Americans don't realize this was not always the case. Until 1978, American Indians on reservations had no religious rights and were specifically barred from practicing traditional ceremonies. These efforts were driven by fear of uprisings by Native populations, most notably epitomized by the massacre at Wounded Knee, Dec. 29, 1890, when Lakota men, women and children were gunned down while gathering for a Ghost Dance, a spiritual practice.

Historically, the federal government sought to eradicate all forms of traditional spiritual practice and belief on reservations through use of boarding schools (separating children from parents), prohibiting use of Native languages, and making gatherings for ceremonial purposes illegal.  The expressed intent was to "civilize" Native peoples; a policy begun under treaties well before The Trail of Tears forced removal marches in the 1830s with Cherokee and other Eastern tribes. The result was a sustained federal policy of social and cultural annihilation.

The justification for this denial of religious freedom, inexplicably enough, was that Native peoples were sovereign nations by treaty and not granted the freedoms that American "citizens" claimed as fundamental rights.  Under "sovereignty," the U.S. government occupied the reservations, kept control of the populations through military might, imposed arbitrary civil orders and prevented them from exercising freedoms guaranteed Americans under the U.S. Constitution, including the First Amendment freedom of religion that is bedrock to the Bill of Rights.

This changed in 1978 with The American Indian Religious Freedom Act, and subsequent amendment.

It states, that, by act of Congress, Aug. 11, 1978 (U.S. Code, Title 42, Chapter 21, Subchapter I, 1996) it is "the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise {their} traditional religions . . . . including but not limited to . . . . use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites." See:  http://www.cr.nps.gov/local-law/FHPL_IndianRelFreAct.pdf

Flowing from the right to worship freely is the recognition that sacred sites, lands taken and/or controlled by the federal government that are traditionally held holy by Native Americans, should not be barred from access.  This also includes objects, artifacts and human remains.

From this consideration, more legislation was passed, including:

-- Native American Graves Protection and Repatriation Act -- 104 STAT. 3048 Public Law 101-601 -- NOV. 16, 1990 (http://www.cr.nps.gov/nagpra/MANDATES/25USC3001etseq.htm)
-- Archaeological Resources Protection Act of 1979 -- Public Law 96-95; 16 U.S.C. 470aa-mm (www.cr.nps.gov/local-law/FHPL_ArchRsrcsProt.pdf)
-- Various executive orders, including Executive Order 13007, May 24, 1996, designating "Sacred Sites."

 

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